Allahabad High Court
ANIRUDDH YADAV @ SUNIL YADAVversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court held that until cognizance of the police report is taken by the trial court, the petitioner cannot be arrested.
Summary
Aniruddh Yadav filed a criminal miscellaneous writ petition seeking protection from arrest. The State of U.P. submitted a charge sheet, but it was unclear whether the trial court had taken cognizance of the police report. The High Court noted the existence of an interim order in the petition and directed that the petitioner could not be arrested until cognizance is formally taken by the concerned court. The court emphasized that the procedural requirement of taking cognizance must be satisfied before any arrest can be effected. Consequently, the writ petition was disposed.
Issues considered
- Whether the High Court can restrain the arrest of a petitioner pending the taking of cognizance of a charge sheet
- Whether interim relief is appropriate when cognizance by the trial court is uncertain
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7359 of 2025
Aniruddh Yadav @ Sunil Yadav
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Devesh Kumar Shukla, Suhail Ahmad
Ansari
Counsel for Respondent(s) : Divya Kushwaha, G.A., Jai Prakash
Gupta, Lalit Kumar Srivastava, Prakash
Kumar Shrivastava, Satya Prakash
Gupta
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case called out in revised list.
2. Learned A.G.A. appearing for State-respondents informs that charge
sheet has already been filed in this case by the investigating officer, but he
is not certain whether cognizance has been taken by the court thereon or
not.
3. Since charge sheet has already been submitted, but the correct position
regarding the cognizance thereon is not clear, keeping in view the fact
there is interim order operating in this writ petition, the same is disposed
of directing that till the cognizance is taken on the police report by the
court concerned, the petitioner/petitioners shall not be arrested.
4. The writ petition stands disposed of.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 7, 2026
Atul K. Sri.
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…